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HomeMy WebLinkAboutMinutes-07/01/2002July 1, 2002 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, July 1, 2002. Mayor John R. Rooff in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Assistant Pastor Jeff Hanson, First Baptist Church. Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations. ORAL PRESENTATIONS 117180 - Two members of the Gates Park Youth Basketball Team addressed the council. The team is going to Las Vegas and is holding a fund-raiser on Saturday at 1:00 p.m. at Kreig School. The Gates Park Youth Basketball Team is celebrating 25 years of existence and will be playing a game and holding a dance. The Gates Park Youth Basketball Team is the only team from Iowa that is traveling to Las Vegas, and they are looking for support and sponsors. Eight or nine members will be traveling, and the cost is $920.00 per person. Each person must raise $250.00. Jordan/Clark that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 117181 - Getty/Jordan that the Agenda, as proposed, for the Regular Session on Monday, July 1, 2002, at 5:30 p.m., be accepted and approved. With approval of mover and seconder, the above motion was withdrawn. Hurley/Greenwood that the Agenda, as amended to delete. Item 10, for the Regular Session on Monday, July 1, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 117182 - Getty/Jordan that the Minutes, as proposed, for the Regular Session on Monday, June 24, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 117183 - Councilperson Getty requested that Item No. ld be pulled from the consent agenda. Jordan/Hurley that the following items on the consent agenda be received, placed on file and approved: a. Communication from Mayor Rooff transmitting reappointment of Steve VanDeest, with term expiration date of July 1, 2005, to the Waterloo Metropolitan Transit Authority. b. Communication from Mayor Rooff transmitting appointment of Bob Klieman, with term expiration of March 1, 2003, and Bill Robert, with term expiration of March 1, 2004, to the Leisure Services Commission. c. Communication from Chief of Police transmitting request of Main Street Waterloo to close 4th Street from Sycamore to Commercial Streets on August 10, 2002, from noon to 10:00 p.m. in conjunction with Taste of 'Loo. d. Approve the following: 1. Beer/Liquor License Permit Application Class C Veterans of Foreign Wars Post #1623, 612 Jefferson Street (Renewal) (Expires 7/3/03) (Includes Sunday Sales) Vic's Lounge, 1106 LaPorte Road (Renewal) (Expires 7/16/03) (Includes Sunday Sales) Chasers Pub, 3005 University Avenue (Renewal) (Expires 7/7/03) (Includes Sunday Sales) Rey Deoros, 512 Mulberry Street (New) (Expires 6/2/03) (Includes Sunday Sales) July 1, 2002 Page 2 CONSENT AGENDA CONTINUED 2. Application for Outdoor Service Area Tony's Tratoria, 3251 West 4th Street (2/1/02 - 2/1/03) e. Report of the City Attorney and list of bonds filed with the City Clerk through July 1, 2002, be received, placed on file and report and bonds be approved. Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. 117184 - Hurley/Greenwood that communication from Chief of Police transmitting request of Main Street Waterloo to close 4th Street from Franklin Street to Mulberry Street and Mulberry Street from 4th Street to Park Avenue on July 13, 2002, from 6:00 a.m. to 9:00 p.m. in conjunction with BBQ'Loo & Blues Too be received, placed on file and "Resolution approving said request", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty stated he has no problem with closing 4th Street from Franklin Street to Mulberry Street, but he doesn't think Mulberry Street from 4th Street to Park Avenue should be closed from 6:00 a.m. to 9:00 p.m. because Morg's Lunch is open until 1:00 p.m. Morg's Lunch is concerned and does not want the street closed off. Councilperson Getty stated he left a message with Main Street Waterloo, but he has not received an answer from them. Police Chief Tom Jennings stated it was his understanding that Main Street Waterloo had talked to everyone. Chief Jennings stated he will visit with Main Street Waterloo and ask if Mulberry Street could stay open until after 1:00 p.m. and bring this item back to the council next week. Jordan/Hurley that communication from Chief of Police transmitting request of Main Street Waterloo to close 4th Street from Franklin Street to Mulberry Street and Mulberry Street from 4th Street to Park Avenue on July 13, 2002, from 6:00 a.m. to 9:00 p.m. in conjunction with BBQ'Loo & Blues Too be received, placed on file and tabled one week. Ayes: Seven. Motion carried. HEARINGS 117185 - Berry/Welper that proof of publication of notice of public hearing on the request of Schaenette Allen to rezone from "A-1" Agricultural District to "R -1,C -Z" Conditional Residence District property generally located at 5049 Hess Road to allow for a one-person beauty salon to be operated from the residence, as published in the Waterloo Courier on June 20, 2002, be received and placed on file. Ayes: Seven. Motion carried. 117186 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Welper that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 117187 - Welper/Getty that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 97 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 117188 - Jordan/Clark that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. July 1, 2002 • HEARINGS CONTINUED 117189 - Clark/Jordan Page 3 that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 97 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4561. 117190 - Hurley/Greenwood that proof of publication of notice of public hearing on request of St. Vincent DePaul to vacate, sell and convey a 20 foot by 130 foot portion of the north - south improved alley generally located along the 400 block of Bratnober Street for $1.00, as published in the Waterloo Courier on June 20, 2002, be received and placed on file. Ayes: Seven. Motion carried. 117191 - This being the time and place of public and oral objections and there were none. Jordan/Berry hearing, the Mayor called for written that the hearing be closed and recommendation of approval ofthe Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 117192 - Jordan/Welper that "an Ordinance vacating a 20 foot by 130 foot portion of the north -south improved alley generally located along the 400 block of Bratnober Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 117193 Jordan/Clark that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 117194 - Hurley/Getty that "an Ordinance vacating a 20 foot by 130 foot portion of the north -south improved alley generally located along the 400 block of Bratnober Street", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4562. 117195 - Getty/Welper that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-391. UNFINISHED BUSINESS 117196 - Clark/Jordan that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $2,425,415.28 to Aspro, Inc. & Subsidiaries, of Waterloo, Iowa, in conjunction with F.Y. 2002 Asphalt Overlay Program, Contract No. 645, be received, placed on file and "Resolution approving said award of contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Rooff stated that Jack Fellenzer, Contract Compliance Officer, reported that there is 2 percent minority participation in this contract. Mayor Rooff stated that he talked with several minority contractors, and they felt this was fair participation. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-392. July 1, 2002 PETITIONS FROM PUBLIC 117197 - Getty/Jordan Page 4 that communication from City Engineer transmitting request of Patricia Howard for a waiver for a concrete driveway to be located at 443 Meadowbrook Lane, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-393. 117198 - Getty/Jordan that communication from Steve Mager, 1722 East Ridgeway Avenue, requesting a variance to the Weed Ordinance to designate the backyard as a natural grass area be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-394. 117199 - Getty/Jordan that communication from Assistant City Planner transmitting request of Gray Transportation to vacate 8 foot utility easement generally located on the south side of Lot 6 of the Northeast Industrial Park Plat No. 1 and a 20 foot utility easement generally located on the north side of Lot 12 in the Northeast Industrial Park Plat No. 3 be received, placed on file and "Resolution setting date of hearing as July 15, 2002, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-395. DOCUMENTS 117200 - Jordan/Welper that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $2,425,415.28 from Aspro, Inc. & Subsidiaries of Waterloo, Iowa in conjunction with F.Y. 2002 Asphalt Overlay Program, Contract No. 645, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-396. RESOLUTIONS TO BE ADOPTED 117201 - Welper/Jordan that "Resolution setting date of hearing as July 22, 2002, at 5:30 p.m. in the City Hall Council Chambers on sale and conveyance of property generally located at 326 Oak Street for $49,500.00 under HUD Section 5(h) Plan for Sale of Single Family Dwellings under the Public Housing Homeownership Program", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-397. NEW BUSINESS 117202 - Berry/Jordan to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 Hanna Boulevard/Rainbow Drive Box Culvert - Phase II and Rainbow Drive Box Culvert, Castle Hill Watershed, Contract No. 639, be received, placed on file and approved. Ayes: Seven. Motion carried. 117203 - Jordan/Getty that plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 Hanna Boulevard/Rainbow Drive Box Culvert -Phase II and Rainbow Drive Box Culvert, Castle Hill Watershed, Contract No. 639, be received and placed on file. Ayes: Seven. Motion carried. • • July 1, 2002 • • NEW BUSINESS CONTINUED 117204 - Jordan/Clark Page 5 i that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-398. 117205 - Welper/Jordan that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as July 22, 2002, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-399. TRAVEL REQUESTS 117206 - Hurley/Jordan that the following travel requests, which satisfy a public purpose, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Ned DeBerg, Fire Chief, to attend International Fire Rescue Securing a Future Seminar in Kansas City, Missouri, on August 22-25, 2002, with costs not to exceed $992.75. 2. Councilperson Buck Clark to attend Iowa League of Cities 104th Annual Conference and Exhibit in Cedar Rapids, Iowa, on September 18-20, 2002, with costs not to exceed $290.00. 3. Cliff Caughron and Robert Greenlee, School Resource Officers, to attend 13th Annual Iowa D.A.R.E. Association Training Conference in Carroll, Iowa, on July 13-16, 2002, with costs not to exceed $734.85, including use of city vehicle. 4. Carroll Kienol, Willie Keller and Tina Lathrop, School Resource Officers, to attend 13th Annual Iowa D.A.R.E. Association Training Conference in Carroll, Iowa, on July 14-16, 2002, with costs not to exceed $984.80, including use of city vehicle. 5. Brooke Carter, School Resource Unit Sergeant, to attend 13th Annual Iowa D.A.R.E. Association Training Conference in Carroll, Iowa, on July 15-16, 2002, with costs not to exceed $250.00, including use of city vehicle. 6. Lisa Campbell, Police Training Officer, to attend State Firearms Instructor Certification Course in Johnston, Iowa, on July 28 -August 9, 2002, with costs not to exceed $581.90, including use of city vehicle. Ayes: Seven. Motion carried. ADJOURNMENT 117207 Getty/Clark that the Council adjourn at 5:53 p.m. Ayes: Seven. Motion carried. Nancy `Eckert City Clerk